Connecting You with Trusted Licensed Insolvency Trustees – We’re Here to Guide, Not Decide. Learn More

Free Consultation

Bankruptcy and joint bank account

Hi, My husband filed for bankruptcy in June and since then RBC is harrassing my mother-in-law and I saying we are responsible for the overdraft on the account.

All three of our names on the acct, however my mother-in-law had no access to the acct in years and the overdraft to my knowledge was in my husbands name only. My mother-in-law wanted to see the overdraft documents to see whose signature(s) are on it. However the bank refused to show her anything.

The Licensed Insolvency Trustee that he dealt with told my husband we can demand to see the documents.

My question is how do we go about this? And what do we do now to stop the harrassment?

Thank you

One Response to “Bankruptcy and joint bank account”

A licensed trustee said...

Based on what you’ve told me, your mother-in-law, your spouse and yourself were all named on a bank account that was overdrawn. If that is true and your spouse filed bankruptcy then your mother-in-law and yourself are legally responsible for the debt.

If you’ve asked the bank to prove that you and your mother-in-law signed for the account and they are refusing to co-operate then I suggest you instruct them to proceed to Court. You don’t intend to pay until they prove it and they will have to do so in Court. Of course, if they can prove it, you will be on the hook for their legal costs too, so please make certain neither of you ever signed for the account.